MEMPHIS, Tenn — A class action lawsuit against the City of Memphis over untested rape kits is moving forward.
Shelby County Judge Gina Higgins denied motions by the City last week for a summary judgement on the case, which claimed the suit was not filed within a required period of time, and to strike the class action status of the lawsuit.
That means the suit can move forward as a class action lawsuit, and according to attorney Daniel Lofton, that means the city can face trial and the case would include all affected rape victims, which he estimated to be more than 10,000.
The City has filed a motion asking to appeal and request a stay from the Tennessee Court of Appeals, which could hold up the lawsuit once again. Lofton said he expects the appeals court to back the plaintiffs in the case.
This all started in 2014 when the lawsuit was initially filed, after the Memphis Police Department revealed there were thousands of untested sexual assault kits. The lawsuit began with one anonymous plaintiff, but with the latest rulings, additional survivors can be part of the class action suit.
The case could go to trial or be settled out of court. Depending on the number of survivors added to the lawsuit, a settlement could be in the hundreds of millions of dollars.